119 Arrest, Search, and Seizure

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Expectation of Privacy

Katz vs. US (Katz Call) A persons right to privacy exists when 1. a person exhibits actual expectation of privacy (subjective) and 2. The expectation must be one that society is willing to accept as reasonable. (objective)

Terry v. Ohio

Landmark ruling that a police officer can detain without arrest, and frisk for officer safety when there is reasonable suspicion that a crime is about to be committed. Court rules that detention is a seizure, and frisk is a search, but is allowable since they are temporary and limited in scope, respectively.

Brower v. Inyo County

Seizure occurs when government termination of a person's movement is effected through means intentionally applied.

California v. Hodari

In order for a seizure to have occurred there must either be some application of physical force, even if extremely slight, or a show of authority to which the subject yields.

Exclusionary Rule

Mapp v. Ohio: Supreme court decision set the judicially established rule that prohibits the use of evidence obtained in violation of the 4th amendment in court.

Fruit of the Poisonous Tree

Wong Sun vs. US established that evidence obtained after illegal government action will be excluded from evidence. This includes physical/tangible as well as intangibles such as subsequent confessions, admissions, identifications, and testimony obtained as a result of the initial unlawful act.

"good faith" exception

US vs. Leon says that the exclusionary rule should be modified so as not to bar the admission of evidence seized in reasonable, good-faith reliance on a search warrant that was subsequently held to be defective. (Upheld in Herring vs. US)

"plain view" doctrine

The rule, from the Supreme Court decision in Harris v. U.S, that anything a police officer sees in plain view, when that officer has the right to be where he or she is, is not the product of a search and is therefore admissible as evidence. So with plain view you can seize the item without a warrant. Definition of plain view: Object falling in plain view of officer who has the right to be in position to have that view are subject to seizure without a warrant and may be introduced in evidence.

Miranda v. Arizona

The Supreme Court ruling that the guarantee of due process requires that suspects in the police custody be informed that they have the right to remain silent, that anything they say be be used against them, and that they have the right to counsel--before any questioning can permissibly take place. 5th Amend. If a subject is in custody and interrogation is going to take place, Miranda Warning/Rights are required to be recited.

protective sweep doctrine

The rule that when police officers execute an arrest on or outside private premises, they may conduct an examination of the entire premises, without warrant, for other persons whose presence may pose a danger to their safety or to evidence capable of being removed or destroyed.

judicial review

the questioning of police investigation and apprehension that are subject to procedural rules dictated by law and constitutional rights.

Standing

The right of a person to complain in court about hte lawfulness of a police action (arrest, detention, search, frisk)

Berguis v. Thompkins

A defendant's invocation of his right to silence must be unambiguous (without question). Thompkins should have affirmatively invoked his right to remain silent.

Montejo v. Louisiana

No reason to distinguish, for the purposes of a suspect waiving their rights, a represented individual from an unrepresented one (no attorney). For each a Miranda warning adequately inform the individual of their right to counsel.

Binding Authority

Court case law that must be taken into account (set by a court in the appellate chain for the court it binds).

Persuasive Authority

Court case law that may be taken into effect (from same level court, or a court not in the same circuit/region/district).

Stare Decisis

When a point of law has been settled by decision of the highest court of the state the decision becomes the law of the state, and shall not be departed from.

Oregon v. Haas

A state is free to impose greater restrictions on police than those of federal constitutional standards.

Heitman v. Texas

The court of criminal appeals will not be bound by the US Supreme Court when addressing 4th amendment issues. The federal constitution sets the floor for individual rights; state constitutions establish the ceiling.

Ramirez v. Texas

May constitute custody: "physically derived of freedom of action in any significant way" or "When a law-enforcement officer tells the subject he cannot leave"

US v. Mendenhall

to determine whether an arrest has taken place, a court will apply an objective standard, focusing on the reasonable impression conveyed to the person subjected to the apprehension and detention. In this respect, the inquiry is whether, in the view of all the circumstances surrounding the encounter a reasonable person would have believed that he was not free to leave.

Rhodes v. Texas

Handcuffing of suspect during detention for safety was reasonable and justified and did not convert to arrest.

Stansbury v. CA

traffic stop doesn't constitute custody for Miranda purposes. However noncustodial custody can turn into custodial custody because the situation escalates. Consider Intent, Authority, Seize and detain, understanding of the individual being arrested. The mere denial of intent to arrest by the officer will usually be insufficient.

Florida v. Royer

Consensual Encounters okay -- says LEOs don't violate the 4th amendment by merely approaching an individual on the street or in another public place by asking them if they are willing to answer some questions. Must be voluntary.

Crain v. Texas

The nature and tone of the way the officers talks to the person matters in whether the interaction is a consensual encounter.

Georgia v. Randolf

Husband / Wife -- can't give consent for areas where normally they would not have unrestricted access.

Consent searches

freely and voluntarily given

Stegald v. US

Entry may be forced for arrest warrant only if being executed at the residence where the person named in the arrest warrant lives.

Reasonable Suspicion

Specific articulable facts which, in light of an officer's experience and general knowledge, taken together with rational inferences from those facts, would reasonably warrant an intrusion on a citizen.

Illinois v. Wardlow

Flight is not necessarily indicative of ongoing criminal activity, however a defendants unprovoked flight from officers in areas of heavy narcotics trafficking supports reasonable suspicion that may be involved in criminal activity and justifies a stop.

Guzman v. Texas

P.C. for arrest deals with probabilities; it requires more than mere suspicion, but far less evidence than that needed to support conviction or even that needed to support finding by preponderance of evidence. Totality of the circumstances was cited in court's decision.

Aguilar v. Texas (and Illinois v. Gates)

Established a two prong test for search warrants that require a: 1. A credible source, 2. A reliable base of knowledge. This decision was overturned with Illinois v. Gates which held that even though an anonymous tip might not be a credible source, that when detailed facts of innocent activities are corroborated, then P.C. for a warrant may exist.

Definition: Probable Cause

A reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. At the moment of arrest probable cause ceases to build.

Definition: Exigent Circumstances

Situations that demand unusual or immediate action in the course of a criminal investigation. Refers generally to situations in which law enforcement agents will be unable or unlikely to effect an arrest, search or seizure for which PC exists unless they act swiftly and without seeking prior judicial authorization.

Scope of Search

Means the area authorized by a particular search or the limitations of a particular type of search or object.

Constructive Custody

Understanding on behalf of the subject being arrested that he is arrested without any physical control being demonstrated by the officer. The individual submits.

Restraint from CCP 11.22

By restraint is meant the kind of control which one person exercises over another, not to confine him within certain limits, but to subject him to the general authority and power of the person claiming such right.

Elements used to build PC

High crime rate area, time of day or night, location, furtive act, abnormal demeanor, officer's own knowledge of facts and circumstances.

Three Prong elements for Temporary Detention (Elements required for detaining)

Reasonable suspicion that some activity out of the ordinary is or has taken place. Some connection of the detained with the suspicious activity. Some indication the suspicious activity is related to a specfiic offense.

Brown v. Texas

Established that failure to ID cannot be an offense during a detention. The suspect can refuse ID request while detained. A person cannot be required to ID even if stop is lawful. You may orally command the person to remain for a reasonable length of time that can be satisfactorily accounted for, while actively involved in the investigation at hand. You may take the person with you to check out a possible crime scene.

Baity v. Texas

Affirmed Terry v. Ohio Detention and Frisk provisions (at CCA state level).

Armstrong v. Texas

Illegal stop and arrest. Consent to search given after arrest and the court concluded that under these circumstances the evidence was seized through exploitation of the illegal stop rather than by means sufficient to remove the primary taint.

Adams v. Williams

Reasonable suspicion of r a stop and frisk need not be based only upon an officer's personal observations but may also be based on information supplied by another person. Under these circumstances, a police officer's action in reaching the spot where the gun was thought to be hidden constituted a limited and reasonable intrusion designed to insure the officer's safety.

Ohio v. Robinette

An investigative detention must be temp. and last no longer that is necessary to effect the purpose of the stop unless additional suspicious activity is found o justify the prolonged detention.

US v. Arvizu

In making reasonable-suspicion determinations, reviewing courts must look at the "totality of the circumstances" of each case to see whether the detaining officer has a "particularized and objective basis" for suspecting legal wrongdoing. This process allows officers to draw on their own experiences and specialized training to make inferences from and deductions about the cumulative information available.

Hurtado v. Texas

Originally stopped because tag came back with possible warrant for driver. It wasn't the driver, but court said stop was good and subsequent cocaine discovery was prosecuted.

3 Prong Test from Hoag v. State

Mere suspicion that criminal activity is affot is insufficient to justify a Terry stop; facts must support reasonable suspicion that:

1. Reasonable suspicion that some activity out of the ordinary is or has taken place.
2. Some connection of the detained with the suspicious activity.
3. Some indication the suspicious activity is related to a specific offense.

Stopped page 75 Prior to Detention

Stopped Page 75 Prior to Detention ... will have all slides entered in no later than Friday 4/1/2011.

Gordon v. State

Can not cuff someone and place them in car while executing a search of their house

Florida vs. J.L.

Call for service alone does not justify detention

Minnesota v. Dickerson

Plain Feel: Must be there legally, must immediately recognize contraband, & must not manipulate

Ohio vs. Robinette

A detention must be temporary, and last no longer than necessary

Chimel vs. California

Incident to arrest an officer may search the person and the "area within the immediate control"

U.S. vs. Edwards

Allows the search of arrested individuals away from the scene of arrest

U.S. vs. Robinson

Scope of the search of a person incident to arrest is for evidence of a crime, means of escape, & weapons

U.S. vs. Chadwick

subject incident to arrest has to take place at the time & place of arrest

Lippert vs. TX

Being close to others does not alone give PC to search you

US vs. Finley

Can search a phone for recent calls & text messages

Carroll vs. US

Do not need a warrant to search a vehicle b/c it being "readily mobile" constitutes exigent circumstances.

California vs. Acevedo

If searching an auto w/ PC you may search contents including locked containers

US vs. McSween

The smell of marijuana gives PC to search

US vs. Reed

Because a vehicle smells like marijuana does not necessarily mean a person smells like marijuana

Wyoming vs. Houghton

If searching a vehicle w/ PC you may search all containers in the vehicle, regardless of who the owner is

New York vs. Belton

Search of a vehicle incident to arrest is limited to the passenger compartment and includes any containers inside

Arizona v. Gant

Police may only search a vehicle incident to arrest if: The arrestee might access the vehicle @ the time of search, or the vehicle contains evidence of the offense he was arrested for.

Knowles vs. Iowa

May not search incident to citation, a custody arrest must occur

Michigan vs. Long

Allows protective search of a vehicle

Florida vs. Jimeno

The scope of a suspect's consent is that of "objective reasonableness" based on the conversation between the officer and the suspect

US v. Garcia

The search of hidden compartments during a consent search is reasonable

Colorado v. Bertine

Officers may open closed containers during inventory In Accordance W/ standard police procedures

Florida v. Wells

Inventory must not be a ruse for a general rummaging

US v. Bonner

All passengers are also detained in a traffic stop

Arizona v. Johnson

In order to frisk driver or passenger in a traffic stop you must have RS that the person is armed and dangerous

St. George v. TX

Says you need RS to question (other than consensual questioning) passengers during a traffic stop

Hester v. US

Open field doctrine; authorizes open field searches w/o warrant

Payton vs. New York

W/o exigent circumstances you can not enter a house unless you have a warrant

Illinois v. MacArthur

You can secure a person's home while waiting for a search warrant

Warden vs. Hayden

May enter a place for the purpose of search and seizure if you are in fresh pursuit of a fleeing felon

US vs. Howard

Factors determining if police manufactured exigency: 1. Bad faith 2. Did police intend to create exigency 3. Were LE tactics reasonable in the circumstances

Wilson v. Arkansas

Knock & announce requirement could be waved for threat of violence or possible destruction of evidence

Richards v. Wisconsin

Officers need to articulate individual reasons for knock & announce waiver

US v. Banks

No knock & announce may create damage, but it may also be necessary to prevent destruction of evidence

Muehler v. Mena

When executing a dangerous search warrant officers may handcuff individuals present until the persons pose no danger to officers

US vs. Matlock

If an authorized person who is present gives consent, anyone else who has authority must be present to refuse consent

Bumper vs. NC

You may not falsely tell someone you have a warrant in order to get consent

Georgia v. Randolph

If consent is given by one individual and refused by another who is present, you do not have consent to search

CA vs. Greenwood

Garbage left out outside the curtlage does not exhibit an expectation of privacy and may be searched

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